Disorderly Conduct and Public IntoxicationDisorderly conduct (also called "disturbing the peace") is a non-violent crime that usually involves some kind of offensive or disruptive public activity. Despite what the common name of this law suggests, simply being drunk in a public place is not a crime. Instead, to violate California's "drunk in public" statute, you need to be so intoxicated that you: (i) are unable to exercise care for your safety or (ii) the safety of others interfere with, obstruct, or prevent others from using streets, sidewalks, or other "public ways." In most cases, the facts of the alleged disruption are grossly overstated by the police or complaining witness. Often times, a disorderly conduct charge is filed by a police officer who witnesses the incident. Yet, this same officer fails to obtain any witnesses who will testify as to the conduct being disorderly. Typically, a police officer, standing alone, will not qualify as an "offended" person. Depending on the circumstances surrounding your arrest, Mr. Lytel may argue your unwillingness to cooperate was due to the unlawful nature of the arrest or that violent acts were made in self-defense or there were no witnesses and police in the vicinity to collaborate the alleged charges.There is a natural tension between free speech and speech that is intended to breach the peace, and in some instances people face disorderly conduct charges simply for exercising their First Amendment right to free speech. Disorderly conduct is over a catch all charge that occasionally police use to arrest anyone for conduct they believe is offensive. As a result, it is extremely important to consult with a qualified defense attorney